Anti-Smuggling Act of 1985

Anti-Smuggling Act of 1985 - Title I: Amendments to the Tariff Act of 1930 - Amends the Tariff Act of 1930 to include monetary instruments within the meaning of "merchandise." Requires any vessel which has visited any hovering vessel, or has received merchandise while such vessel is in customs waters beyond the territorial sea, or has received merchandise on the high seas, to be treated as having arrived from a foreign port or place.

Requires the owner of any vessel from a foreign port or place, any foreign vessel from a domestic port or place, or any U.S. vessel carrying bonded merchandise or foreign merchandise for which entry has not been made, to immediately report such vessel's arrival (currently within 24 hours after the arrival of such vessel) at a U.S. or Virgin Islands port or place to the nearest customs facility or to such other place as may be prescribed by the Secretary of the Treasury. Authorizes the Secretary to prescribe regulations which provide the manner in which arrivals are to be reported and which extend the time (not beyond 24 hours) after the arrival of any vessel in which to report such arrival.

Restricts the arrival of vehicles in the United States at border crossing points designated by the Secretary. Requires a person in charge of such vehicle (immediately upon the arrival of such vehicle in the United States) to report such arrival to, and present such vehicle, and all persons and merchandise (including baggage) on board such vehicle, for inspection to the customs officer at the customs facility.

Requires the pilot of any aircraft arriving in the United States from a foreign airport or place to comply with such advance notification, arrival reporting, and landing requirements as the Secretary may prescribe by regulations.

Authorizes any vessel, vehicle, or aircraft which has arrived in the United States to depart from the port, airport, or place of arrival and from any customs facility designated to serve such places and discharge passengers and merchandise (including baggage), only in accordance with such regulations as the Secretary may prescribe. Requires any owner of a ship, person in charge of a vehicle, or pilot of an aircraft which arrives in the United States to present to the appropriate customs officer such documents, papers, and manifests as the Secretary may prescribe by regulations. Sets forth both civil and criminal penalties for violations of such arrival, reporting, and entry requirements.

Increases the fine from $500 to $5,000 (and $10,000 for each subsequent violation) for persons in charge of a vessel or vehicle who fail to make a report or entry to the appropriate customs officials before departure from any collection district.

Increases the fine from $500 to $1,000 (for the first passenger and $500 for each additional passenger) for such persons who permit the unloading of passengers from such vessels or vehicles without a special license or permit issued by the appropriate customs officer.

Sets forth both civil and criminal penalties for persons in charge of a vessel or vehicle (arriving in the United States from a contiguous country) who: (1) depart from a designated customs facility without appropriate authorization; or (2) present a forged, altered, or false manifest, document, or paper to a customs officer. Increases the fines for persons in charge of any vehicle who: (1) lack or falsify a manifest; or (2) transport specified controlled substances. Increases both the civil and criminal penalties for such persons who allow any merchandise (including sea stores) to be illegally unladen within the customs waters of the United States.

Prohibits: (1) any U.S. citizen on board any aircraft to manufacture or distribute, or possess with the intent to manufacture or distribute, a controlled substance (including the introduction of such substance into the United States, any of its territories or possessions, or within a 12 mile distance of the U.S. coast); and (2) any person from transferring any controlled substances, spirits, wines, or other alcoholic liquors between an aircraft and a vessel (that is owned by a U.S. citizen or registered in the United States) on the high seas or U.S. customs waters; or (3) regardless of the nationality of such vessel or aircraft, any such transfer with the intent to introduce such substances into the United States. Sets forth civil penalties.

Provides for the seizure, forfeiture, and sale of merchandise (that is involved in a conveyance) whenever any vessel, vehicle, or aircraft, or the owner, driver, or pilot of such vessel has violated the customs laws of the United States. Prohibits any conveyance used by a person as a common carrier (in the transaction of business as a common carrier) from being subject to seizure or forfeiture under the customs laws for violations relating to merchandise that is contained in baggage belonging to a legally transported passenger, or that is in the conveyance's cargo, if such cargo is listed on the carrier's manifest.

Provides for the seizure and forfeiture of any controlled substance (on board a conveyance that is used as a common carrier in the transaction of business as a common carrier) which is not manifested, or whose markings disagree with such manifest, or which is found concealed in or on the conveyance (but not in the cargo).

Permits a person authorized to make searches and seizures (in any dwelling house or building) to apply for a warrant from the appropriate authorities if such person suspects the presence of any property that is subject to forfeiture under the customs laws or any documents, containers, or other articles which evidence violations of such laws. Provides for the seizure and forfeiture of merchandise that someone has introduced or attempted to introduce into the United States contrary to law. Sets forth specified procedures with respect to the disposition of property forfeited under the customs laws.

Sets the compensation of informers who report violations of such laws to not more than 25 percent (currently 25 percent). Provides that such compensation shall be paid from the net amount recovered before such net amount is deposited in the general fund of the Treasury or the Customs Forfeiture Fund (currently it is paid out of any appropriations available for the collection of the revenues from customs).

Provides (with respect to the tolling of the statute of limitations) that an action to recover a pecuniary penalty is deemed to have been commenced when the appropriate customs officer issues a penalty notice.

Authorizes the Secretary to prescribe regulations that authorize customs officers to exchange information with foreign customs agencies and law enforcement agencies with respect to the enforcement of the customs laws.

Provides, when authorized by treaty or executive agreement, that the Secretary may station customs personnel in foreign countries.

Title II: Miscellaneous Provisions - Amends the Federal Aviation Act of 1958 to provide a fine of not more than $5,000 or imprisonment for not to exceed two years, or both, for persons (owners of aircraft) who operate an aircraft: (1) that is not registered; (2) during any period for which the aircraft certificate or registration has been suspended or revoked by the Secretary of Transportation; (3) without a valid airman certificate; (4) without navigation and/or anticollision lights; and (5) with an illegal fuel tank or system installation aboard. Subjects any unlawful fuel tank, or system installation, and aircraft to seizure and forfeiture.

Increases the fine from $500 to $5,000 for any person who violates specified entry requirements relating to civil aircraft and vessels. Subjects owners of aircraft who transport any controlled substances to specified penalties.

Requires any person having an ownership interest in an aircraft for which a certificate of registration has been issued, upon the sale, transfer, or conveyance of such interest, to file within 15 days such notice as the Secretary of the Treasury may provide.

Amends Federal law to subject all pleasure vessels, including all persons aboard, to applicable customs regulations under the Tariff Act of 1930.

Replaces specified provisions (regarding the smuggling of controlled substances) with provisions relating to the importation or exportation of merchandise, the reporting or transportation of monetary instruments, or the enforcement of the Bank Secrecy Act.

Requires every customs officer, in the exercise of his duties, to: (1) make known his character as a customs officer; and (2) have the authority to demand assistance in executing any arrest, search, or seizure. Increases the fine to $1,000 (currently $200, not less than $5) for persons who refuse, without reasonable excuse, to assist a customs officer. Provides that any person (other than an officer or employee of the United States) who renders assistance in good faith shall not be liable for any civil damages as a result of rendering such assistance (provided such person acts as an ordinary, reasonably prudent person).

Permits funds appropriated for the U.S. Customs Service to be used for the leasing of space (within the United States) to carry out undercover investigative operations for the detection and prosecution of offenses against the United States that are within the jurisdiction of the Secretary of the Treasury.